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Chamber and committees

Finance Committee, 09 Sep 2004

Meeting date: Thursday, September 9, 2004


Contents


Fire (Scotland) Bill: Financial Memorandum

The Convener:

Agenda item 2 is consideration of the financial memorandum to the Fire (Scotland) Bill, which was introduced on 28 June 2004 by Cathy Jamieson. To help us consider the bill, we will take evidence from witnesses: Councillor Pat Watters, who is president of the Convention of Scottish Local Authorities; Councillor Julie Sturrock, who is from Dundee City Council; Stephen Hunter, who is fire-master for Tayside fire brigade; and Eileen Baird, who is from Strathclyde fire brigade.

We have also received written submissions from COSLA, Central Scotland fire brigade, Dumfries and Galloway fire brigade, Lothian and Borders fire board, the Scottish Ambulance Service, Strathclyde fire board and Tayside fire brigade. I have been asked to point out that the reference to tables in the "Control Room Arrangement" section of Central Scotland fire brigade's submission is to the tables on pages 62 and 68 of the Mott MacDonald report "The Future of Fire Service Control Rooms in Scotland". We have also received submissions from the Association of Chief Police Officers in Scotland and from Grampian fire board, which were circulated to members on Tuesday.

We will begin with a brief opening statement from COSLA. After that, members can ask questions.

Councillor Pat Watters (Convention of Scottish Local Authorities):

My short opening statement will not go into the detail that is in our written submission. I thank the committee for this positive opportunity to ensure that the financial provision for the bill allows for a fire service that will serve the needs of the people of Scotland effectively.

It is important that the financial memorandum considers the possible impact that the bill will have on the fire service and how that will be dealt with. I must point out that there is no robust evidence for the belief that we can make the necessary changes without any financial consequences for the fire service. We believe that there will be financial consequences for the fire service and that we should build into the bill the ability to take care of them. We acknowledge the statement in the memorandum that the bill will give ministers new powers that they will exercise in particular ways, and the acknowledgement that those measures will give rise to additional costs, but that is not expanded on; it is just left there. I would like to see an acknowledgement that the overall policy thrust of the bill and the changes to the fire-safety regime will have financial implications. What was meant has not been explained fully or properly in the memorandum.

This is an opportunity for us to get the measures right. I would like to see us proceed in a spirit of partnership so that we can ensure that we get things right. In the recent agreement that we reached with the trade unions in the industry, there was an acknowledgement that the modernisation process is not a cost-neutral exercise. The Executive acknowledged that by providing fire authorities with transitional funding over the period when there will be additional costs from the modernisation process. We have reached an agreement with the Executive about what that funding should be. We have a wee bit of a dispute about when it will be phased out, but I am sure that we will be able to work that out.

The Convener:

What level of consultation took place with local authorities and COSLA about not just the policy issues but the important financial implications? We have experience of consultation having focused purely on the policy issues and of the financial issues not having been consulted on. Do you feel that there has been adequate consultation on the financial memorandum?

Councillor Watters:

There are gaps in the memorandum; it does not explain fully the consequences of financial regulations. The bill proposes various changes that would have a financial impact. One that springs to mind is about charging for services and issuing fire certificates. There will be a loss of revenue from that change of about £200,000 throughout Scotland. The memorandum does not acknowledge that there could be increased demand as a result of the changes that are to be made. Although there is no cost for that, the servicing of the change could cost more than we provide for at present, at the same time as reducing income from charges. We have consulted authorities, which have concerns—I put it no stronger than that at present. They would like the Executive to agree that, if the legislative changes require additional finances, those finances should not come from the core service and additional money will come in to fund the changes. If we made progress with that, everyone would be happy.

We are happy with the consultation on the policy. We know why the changes are going to be made—we have to make changes to allow modernisation—but we do not think that enough work has been done to make clear the financial implications for the services that we are trying to provide.

Mr Brocklebank:

In your submission, under "Core Duties", you say:

"It is completely unacceptable that new burdens were not funded, we do not accept that they simply a ‘formalisation of the role which the Service currently undertakes".

Will you spell out to us a little more clearly where you think the Executive has not taken into account the extra costs, and do you have any idea of a figure for the extra sums for which you are looking?

Councillor Watters:

I will bring in my colleague, Stephen Hunter.

Stephen Hunter (Tayside Fire Brigade):

The bill sets out the core duties that we have been carrying out for many years, such as duties around road traffic accidents. There is an assumption that we have adequate funding to provide those services. One of the main areas in which there will be an increase in core duties is the statutory duty to deliver community fire safety. At present, brigades are not structured and do not have sufficient resources to be able to deliver that statutory duty. For many years, brigades have been involved with the community in trying to prevent fires and reduce the number of fire deaths and injuries. That has not been a statutory duty and has been funded from existing budgets. As a result of its becoming a statutory duty, brigades will have a much greater responsibility to have sufficient resources to deliver a much more effective community safety campaign.

Can you quantify that financially? How much more money do you think would be required?

Stephen Hunter:

It is difficult to say how much more money would be required throughout Scotland. The modernisation agenda implies that through time—it is acknowledged that this would happen through time—resources will be able to be taken away from the emergency-response side and put into community fire safety, but that cannot happen until it is demonstrated that community fire-safety measures work. An injection of finance might be required to pump-prime the additional community fire-safety responsibilities and duties. Through time, that money might be able to taper off, because of the other results of modernisation of the service. However, at the moment it is difficult to quantify what each brigade in Scotland would require to deliver effectively the new statutory duty around community fire safety.

Councillor Watters:

There is a lack of detail in the bill about what will be required in relation to fire safety that would allow us to evaluate properly the impact. We strongly support the drive to deliver fire safety, because we believe that the best way to tackle a fire is to prevent it. If we get the education process and working with the community right, through time we will see a reduction in the number of fires. That work has to be done continually, because it is vital to maintain awareness in communities. However, there is not enough detail in the bill to allow us to say, "That will cost X."

Mr Brocklebank:

You might be able to help the committee and me with a point in the submission from Dumfries and Galloway fire brigade. On appliance fuel, it says:

"The Service currently pays fuel tax at a standard rate. The opportunity should be taken to exempt the Fire Service from this in respect of special appliances."

That concession is already given in respect of hydraulic platforms. Will you explain that? At the moment, are you paying tax at standard rate on fuel for fire engines?

Stephen Hunter:

Yes, we are paying fuel tax at standard rate.

Mr Brocklebank:

So that is the element that you would like to be removed. You are happy to carry on paying the standard rate for fuel for your normal little vehicles that you go about in, but you believe, perhaps understandably, that fuel for the appliances that go and fight fire should not be taxed at that rate.

Stephen Hunter:

Yes.

In financial terms, how much would that save and how much would it help you?

Eileen Baird (Strathclyde Fire Brigade):

The reduced rate of tax is 65 per cent lower than the standard rate. At the moment, brigades throughout Scotland spend something like £1.5 million on their fuel budget. We could save up to 65 per cent on a fairly high proportion of that budget. That could be a good few hundred thousand pounds. I do not have the exact figures, so I do not know how much of that £1.5 million is spent on fuel for the emergency-response vehicles, but I imagine that it would be a high proportion, so there could be a significant saving for us.

I draw us back to the bill.

Dr Murray:

I want to follow up on the fuel issue. It is not within the Parliament's remit to change the duty on fuel or the exemption. Are you suggesting that the Executive should consider subsidising the cost of fuel, which is all that could be done from here?

Stephen Hunter:

Because it is concerned with the financial implications of the bill, our submission asked the Scottish Executive to consider an issue that would reduce the financial burden on fire authorities.

Dr Murray:

That is action that would be taken in Westminster and not in the Scottish Parliament. It is not in the power of the Scottish Parliament to affect that, but it is obviously something about which representations could be made.

My main concern is about the control-room arrangements and the costs associated with them. The Executive is suggesting that if the fire service moves to one control room, rather than the existing eight, a saving of £3.3 million could be made. I suppose that, in a sense, I am sidestepping from the financial aspects of the bill to some of the more contentious issues around centralisation. My own fire brigade in Dumfries and Galloway has said in its submission that

"a large number of functions carried out by our Fire Control staff will not be transferred to any of the proposed recommendations if they are implemented. This will therefore require alternative arrangements to be made for the carrying out of such functions and the resultant requirement in maintaining staff costs for this to be carried out."

Can you put a figure on the additional costs on brigades of transferring some of the functions that will not go to a central control room?

Councillor Watters:

It is difficult for us to comment on that. The Executive's proposals are still out for consultation. We have the issue on the agenda for discussion at our next leaders' meeting. I will ask Stephen Hunter to comment on the details, but I would certainly say that, although it would be physically possible to run the fire service from one control room, I do not believe that that would be a safe way of operating. We would at least need a back-up system in case of emergencies, such as a terrorist attack on the control room, so I do not believe that it would be right to have only one control room.

However, the proposal is still out for consultation and no decision is being taken at present. If we operate with fewer control rooms than we have at present, there must be a financial impact, but we do not have details about that, because we received the report from the Executive only a short time ago. We have put that report out to authorities for consultation and responses are now coming back in, and brigades have their own views as well. I believe that Stephen Hunter may be able to help you with the details.

Stephen Hunter:

The report was a technical review, and although I believe that it is accepted that it is technically possible to reduce the number of controls, there is a whole host of issues on which COSLA, the fire authorities and other organisations are responding in the present consultation.

Although the report identifies savings from a technical perspective, there are other areas that must be taken into account. For instance, there are important people issues in relation to the control centres, and a reduction from eight controls to any of the numbers proposed by the report—one, two or three—does not automatically mean that there would be a saving. Having three controls would not automatically mean a saving on the five controls that had been done away with, because if there was a reduction, the current controls would not have the capacity to take over the work of the other brigades' controls, so there would have to be capital investment in infrastructure. People issues such as redundancy payments and redeployment of personnel into other areas were not fully explored in the report, so the financial savings included in the responses that the Executive will receive may not be as large as those quoted in the report.

Dr Murray:

The report from the Dumfries and Galloway fire brigade appeared to suggest that there are some things that are currently done in the fire control room in Dumfries and Galloway that would remain in Dumfries and Galloway and would not be handled under the new arrangements. Therefore, there would be a cost to the brigade in taking over those functions.

I am a little bit concerned that, because the bill is still out for consultation, it is difficult for us to assess the financial implications. Because we do not know the shape and structure of what is being proposed, we do not know whether the savings that it is claimed could be made will in fact be made, or whether there will be additional costs on brigades that have not yet been quantified.

That is a general issue that we might need to raise next week in our consideration of the issues that arose out of our away day.

Jim Mather:

I want to follow up on the answers that Stephen Hunter gave a moment ago and I want to ask about the potential hidden costs of centralisation of control rooms in regard to the loss of local knowledge. There could be situations in which the similarity of place names in some parts of Scotland could lead to slow responses and worse damage. In the long term, that would result in higher insurance costs, to say nothing of the costs of damage to council tax payers and business rate payers. Beyond that, there is the possibility of negligence claims coming home to roost. There is also the possibility that there could be more hoax calls, with a centralised control room less able to differentiate between the real and the hoax. Have the witnesses anything to say about that?

I think that we are drifting towards policy rather than concentrating on financial issues.

I think that those issues could have bigger financial implications than making the change would have.

Stephen Hunter:

In answer to Mr Mather's question, I would say that, as well as the financial costs of the centralisation of fire controls, we must consider the cost to society of any potential changes. There is not just a potential financial saving to the fire service; as Mr Mather outlined, there might be additional burdens on other areas of society as a result of the changes. That is why, at the end of the consultation, we will have to see the outcome of the Executive's consideration of what those issues might be.

At the end of the day, what we need is an absolutely clear statement of the financial situation. We might even require some external skills to put the issue properly in context and to assess the net effect on Scotland of such a change.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):

My question is still on control rooms, I am afraid, but it comes from a slightly different angle, which was highlighted when I spent quite a few hours at the force communications centre of Lothian and Borders police in Bilston. I know that different forces are involved, but the work that COSLA will be doing with the authorities could include considering not only the efficiency savings and the assumptions about costs, but where the control rooms are located and what co-ordination there could be with the other emergency services, so that there could be sharing of technology platforms. Will you be considering those aspects as part of the consultation process? Rather than just the bare costs of the number of control rooms, perhaps we should consider the type of control rooms and their relationship with other services.

Councillor Watters:

You are absolutely right; there is a governance issue there. At present, each individual brigade is responsible for its control room. With a smaller number of control rooms, there will be a governance issue with regard to who is responsible for the control rooms and who they are answerable to, and that has not been considered or worked out either. As you would expect, I am firmly of the belief that fire protection is a vital local service that is provided by local government. As such, the reshaping of any part of the organisation must be firmly within local government, so that we have control over the services that we are providing and for which we are responsible. You would expect me to say that, so I am not disappointing members of the committee by saying it.

Stephen Hunter:

The consultants' report considered a number of options: keeping the status quo, with eight fire controls; having some fire controls merge with other fire controls; and having fire controls merge with other emergency service controls. The outcome of the consultants' investigation was that the preferred option would be amalgamation of fire controls with other fire controls. The consultants' report rules out the amalgamation of fire controls with other emergency service controls, and it gives reasons for ruling out that option.

Jeremy Purvis:

I was struck by the technology that the police have, with global positioning systems to identify every fire hydrant in the force area—or at least they have that in my constituency. That is not information that Lothian and Borders fire brigade has. On issues such as that, constituents are looking not only for efficiencies but for practicalities, but I appreciate that developing those practicalities is part of an on-going process.

Stephen Hunter:

Another project mentioned in the bill is the firelink airwave project, which is a complete change to the radio system used by the fire service, following the changes made to the police service radio systems. Some of the issues concerning the electronic information that is available to fire personnel on the ground and at controls will be addressed as a result of the transition to the new airwave system.

Jeremy Purvis:

Can any of our witnesses comment on the written evidence that we received from the Central Scotland fire brigade? Speaking about the proposed common fire services agency, it said:

"No costs are identified for this although, if implemented, this may represent an additional layer of management for the service".

What might the costs of that extra layer of management be?

Councillor Watters:

It is difficult for us to answer that. The brigades submitted their responses directly to the Executive. We have not had sight of their responses to the consultation exercise.

Convener, could we ask Central Scotland fire brigade for more information on that point?

We certainly could.

Councillor Watters:

Councillor Sturrock would like to say something about the point that was being made earlier on.

Councillor Julie Sturrock (Dundee Council):

The consultants might have said that they would regard more collaboration among police, fire and other agencies on a local basis to be less preferable than collaboration on a national basis among various fire brigades, but that is not necessarily COSLA's point of view. From our community planning perspective, local collaboration is the most obvious approach, and it is perhaps the most directly accountable process. We are already co-operating locally on purchasing. Many of the suggestions for best-value projects, such as joint procurement for items other than fire equipment, are already taking place—office supplies, paper and so on are already being procured on a co-operative local best-value basis. The fact that the consultants have not voiced that as their preference does not mean that COSLA does not prefer that option. We have yet to reach a decision in that regard.

On the cost-effectiveness of the extra layer of management that you mentioned, COSLA's point of view has always been that we want to deliver obvious accountability. We want a local service that can be held to account by local agencies. There is another element beyond the financial aspect. I suggest that, if the financial aspect can be seen as being negative, other aspects could also be seen to be negative.

Jeremy Purvis:

Beyond the financial aspect, there are a lot of policy issues. Given what I have seen of the force communications centre in my constituency and the need for local knowledge, which Jim Mather touched on, I hope that you are actively considering the issues that have been raised. As Pat Watters said, local accountability is vital.

Earlier, Ted Brocklebank asked Councillor Watters about COSLA's written evidence, which says:

"It is completely unacceptable that new burdens were not funded."

One of the examples of that related to fire-safety functions. I know that the officers in the Galashiels office in my constituency view fire-safety functions as being an automatic part of their work in the local community. I would be interested to know whether huge costs will be associated with doing what the bill will require to be done under statute—not any additional work that might not be rewarded but the work that officers currently do as members of the local community in responding to ad hoc requests and providing information, publicity and encouragement in respect of the steps to be taken to prevent death or injury by fire.

Basically, I am challenging whether there will be a significant level of additional cost. The words that I quoted from your submission are fairly strong, but I recall that you gave only the example of fire-safety functions. Are there other new burdens that will not be funded?

Councillor Watters:

We are clear that the responsibility for legislation lies with the Scottish Parliament and the Executive. When legislation is introduced, its impact has to be considered. As local politicians, we have priorities that we have been elected to deal with and we do not think that we should be expected to shelve some of our priorities, which the electorate expects us to deliver, to deliver priorities that have been set elsewhere, even if those priorities are shared ones. Community safety is a shared priority, of course, and I absolutely agree that the natural place for that to be dealt with is in the fire service—those people are the natural people to do the job. However, there is a difference between having community safety as a responsibility that we take on and it being a statutory responsibility that we have to deliver. If it is a statutory responsibility, we must ensure that the resources are there to allow us to carry it out. When something becomes a responsibility under statute, the expectation becomes higher.

Firefighters throughout Scotland are carrying out community fire-safety work at the present time, but it is not their main responsibility. Under statute, the delivery of community fire-safety measures will become one of their main responsibilities.

Stephen Hunter is better versed in these matters, as he deals with them every day.

Stephen Hunter:

Legislative fire safety has been a statutory duty for fire authorities for more than 30 years and much progress has been made on safety since the passing of the Fire Precautions Act 1971. Community fire safety is about making people far more safe in their homes. Although, as has been said, all fire brigades in Scotland have been involved in that process, the statutory duty will mean that community fire safety will have to be delivered in a far more structured and auditable manner in order to measure the benefits that are accruing to the community as a result of the work that is taking place.

Jeremy Purvis:

As I said, the submission uses strong language when it says:

"It is completely unacceptable that new burdens were not funded."

However, all that you have mentioned so far is the fire safety element, which takes up officers' time as they have to attend events—such as the recent "Safe T in the Park" event in Kelso and community council meetings—and have to produce leaflets. That does not warrant the strong language that is used in the submission. We are talking about £150,000 out of a Scottish budget of £23 billion.

The view that is expressed in the submission in this instance might well be an illustration of the general view of COSLA across the board. Would it be fair to say that, Councillor Watters?

Councillor Watters:

Yes, as a general point. I would say that £150,000 out of the national budget is fine, as long as that money is going to be spent on only one area. However, if £150,000 is to be spent on everything, that will have an impact.

Another point that we make in our submission is that, under the additional investment for the tackling of major disasters, around £8 million was invested in new equipment and a further £3 million is to be invested in the fire service. However, as well as that £11 million investment for new equipment that will allow the fire service to tackle the sort of things that happen these days, there will also need to be investment to cover the on-going revenue costs to support that equipment on a day-to-day basis. Having the capital investment to purchase equipment is one thing; having the staff and resources to ensure that the equipment can be used is an entirely different matter.

I think that "burdens" is not the word that we are supposed to use and that "opportunities" is perhaps better. The opportunity to deliver a better service can be taken advantage of only if the resources to enable people to do so are also present.

Councillor Sturrock:

The point is that under the proposed legislation the minister has sweeping powers to make many financial decisions that will have a knock-on effect on the fire service. For instance, although the bill contains requirements on the purchase of equipment and what have you that will have on-going effects on revenue, it does not contain any obligation to make available appropriate finances to meet those requirements and on-going expenses.

I will try and draw this item to a close with questions from Ted Brocklebank and myself.

Mr Brocklebank:

I want to clarify the point that Jeremy Purvis was trying to elicit. On fire safety, Dumfries and Galloway fire brigade's submission says:

"It is anticipated that we will be required to provide funding for local advertising campaigns and PR activities."

The brigade then makes a certain link when it goes on to say:

"The Bill proposes the removal of the need for fire certification. In consequence, we anticipate a reduction in income as a result of this."

Will you tell us the amount of money that you receive for fire certification and, therefore, the sums that you will have to raise to pay for the advertising and public relations that you say will be required?

Councillor Watters:

I have two points in response to that question. In an exercise that we carried out with one fire brigade, we came up with a figure on which we based an estimate for the rest of the brigades. We believe that about £200,000 in income would not be available at that particular point.

However, we should remember that, under the proposed arrangements, there will be self-certification on advice and that the advertising that we will put out will generate more input into the fire service than we receive under the current system of certification. After all, we currently do not charge for advice.

Stephen Hunter:

At the moment, brigades have a structure for inspecting premises that need a fire certificate. Because that process has been in place for 30 years, each brigade knows the resources that need to be applied to that activity. As Councillor Watters has pointed out, after the need for fire certification is removed, we will lose £200,000. We cannot predict the activity levels for the provision of advice; however, it is likely that after an advertising campaign occupiers and owners of commercial and industrial properties will want to take the fire service's advice which, up to now, has always been given free of charge.

Fergus Ewing will ask a brief question.

Fergus Ewing:

I apologise to witnesses for being unavoidably detained elsewhere earlier.

I want to ask about auxiliaries and volunteers who assist full-time and retained firefighters. They play a vital role in the Highlands, and in my constituency of Inverness East, Nairn and Lochaber, with regard to forest fires, muirburn and serious road traffic accidents. Although those people are part of the fabric of the community and have traditionally played an absolutely essential role, their ability to continue to operate is under threat because of the interpretation of the rules on breathing apparatus. Such apparatus has to be made available to volunteers who assist in fighting fires inside a building; however, housing that equipment is an expensive business and it has been suggested that each auxiliary service—of which there are more than 100—will need a major building to do so. That is threatening the viability of more than 30 auxiliary services in the Highlands.

I note that the bill seeks to provide for a process of integrated risk assessment and to impose a duty on employers to provide for the safety of employees. However, as far as I can see, the financial memorandum contains no provision for the implications of the risk assessment process for the future of auxiliaries and volunteers. Do you feel that the memorandum might have any implications that the Executive has not provided for?

Finally, do you agree that it is essential that we continue to have the benefit of those who volunteer and who play such a useful role in their communities in the Highlands of Scotland?

The Convener:

I think that the last part of that question was really more about a policy issue than about the financial memorandum. However, I appreciate why Fergus Ewing wants to raise it.

I will add the question that I was going to ask to Fergus Ewing's question on volunteers. Given that he has just mentioned integrated risk management plans, do you have any general comments on the effect of such plans on the formula that is currently used for funding calculations for the fire services? After all, this is clearly an all-Scotland issue that affects urban and rural areas.

Councillor Watters:

One of the main planks of fire service modernisation is the integrated risk management plan, under which one will assess needs on an on-going basis. Even the Executive acknowledges that we will have to see how the plan operates over a period of time before we can appreciate whether it will generate savings or additional costs.

The whole point about modernising the service is not necessarily to have a cheaper service, but to have an improved service that is fit for this century. After all, although the integrated risk management plan will undoubtedly generate savings for the people of Scotland, they might not be financial ones. For example, more lives might be saved. Moreover, the plan might have an effect on property and on the national health service, which might not have to deal with such serious burdens.

As I have said, implementing the plan might have many pluses and benefits but we will have to see it in operation before we can assess its impact or any implications that it might have. Indeed, the Bain report makes it clear that implementing the integrated risk management plan will have not just financial impacts for the whole community.

As for Fergus Ewing's point, I should point out that more than one brigade of volunteers and auxiliaries act as a link in providing the whole service in a community. However, his question is very specific to that particular area of the service and I am not sure whether Stephen Hunter or I can answer it.

We will accept written answers to our questions.

Stephen Hunter:

Elaborating slightly on the point that Fergus Ewing raised, I should say that Highlands and Islands has far more auxiliaries and volunteers than any other brigade in Scotland. We are greatly concerned about the remoteness of such areas from retained and whole-time fire stations.

The issue of breathing apparatus is linked to other legislative requirements to ensure firefighter safety that are contained in the Health and Safety at Work etc Act 1974 and so on. I know that the issues that the Highlands and Islands fire brigade is wrestling with are dear to Fergus Ewing's heart and that the fire-master in Moray and Highlands and Islands is actively seeking to resolve them to provide an effective service in remote areas.

Eileen Baird:

On the future funding of the service, COSLA is represented on a working group that, as Councillor Watters has pointed out, will consider changes in the service following the implementation of the integrated risk management plan. That process will continue, but we have agreed that it will be some years yet—perhaps with the comprehensive spending review in 2008—before any impacts will manifest themselves in service funding.

The Convener:

On behalf of the committee, I thank the witnesses very much for attending the meeting. I should apologise for not mentioning Barbara Lindsay when I introduced the witnesses at the start.

I suspend the meeting for a couple of minutes to allow the witnesses to be switched around.

Meeting suspended.

On resuming—